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Page 1 of 17
The Corporation of the Town of LaSalle
By-law Number 8705
Being a By-Law to Regulate, Licence
and Control Animals within the Town
of LaSalle
Whereas Sections 9 and 11 of the Municipal Act, 2001, S.O. 2001, c.25, as
amended, (the "Act") provides that a municipality may pass By-laws respecting the
following matters:
- Environmental well-being of the municipality (Section 11(2)5);
- Health, safety, and well-being of persons (Section 11(2)6); and
- Animals (Section 11(3)(9).
And whereas Section 103 of the Act provides that if a municipality passes a By-law
regulating or prohibiting animals from being at large or trespassing, the municipality
may provide for the seizure and impounding of animals being at large or trespassing,
and for the sale of impounded animals under certain conditions;
And whereas Section 105 of the Act provides that a municipality shall, upon the
request of the owner of the dog, hold a hearing on whether to exempt an owner in
whole or in part from muzzling requirements of a dog;
And whereas Section 23.1 and 23.5 of the Act, as amended, allows Council to
delegate its administrative powers and its duty to hold a hearing to a person or a
body, subject to certain restrictions;
And whereas Section 391 of the Act enables a municipality to pass By-laws
imposing fees and charges on persons for services or activities provided or done by
or on behalf of the person;
And whereas Council deems it desirable to pass a By-Law providing for a system of
licencing, controlling, regulating and prohibiting certain animal species, and
prohibiting the abandonment or disposal of animals and/or a litter of animals on
private or other property, including public property, within the Town of LaSalle;
And whereas Council is desirous of ensuring that animals are kept and treated in a
humane manner and that owners of animals provide good quality care to them.
Now therefore the Council of The Corporation of the Town of LaSalle hereby
enacts as follows:
Part 1 - Definitions
1.1 In this By-law,
i.
"Agricultural Area" means those areas within the Town of LaSalle
designated as "Agricultural" in the Comprehensive Zoning By-law of
the Corporation, as amended;
ii.
"Animal" means a member of the animal kingdom, other than a
human;
iii.
"Animal Control Officer" means a person appointed by Council to
control animals under this By-law, and includes any servants of such
person;
iv.
"Bite" verb or "Bitten" means to:
a)
To cut, puncture, wound, tear, or bruise with teeth; or
b)
To sever with teeth; or
c)
To grip with teeth.
Page 2 of 17
v.
"Blind Person" means a person who because of visual impairment
is dependent on a guide dog or a white cane;
vi.
"Boarding Establishment" means a facility where, for a fee, gain or
other compensation, lodging, meals or other services are provided to
two or more dogs that do not ordinarily reside in that facility with their
owner;
vii.
"By-Law Enforcement Officer" means a municipal By-law
enforcement officer appointed by Council to enforce By-laws of the
Corporation;
viii.
"Choke Collar", "Choke Chain" or "Prong Collar" means a collar
that tightens, constricts or pinches an animal's neck when tension is
applied and may inflict pain or discomfort on an animal;
ix.
"Clerk" shall mean a person appointed by Council as the Clerk of the
Town of LaSalle;
x.
"Collar" means a strap which is placed around an animal's neck, to
which a leash, restraining device or tag may be attached;
xi.
"Corporation" means The Corporation of the Town of LaSalle;
xii.
"Council" means the Council for The Corporation of the Town of
LaSalle;
xiii.
"Dangerous Dog" shall mean:
(a)
a dog that, in the absence of any mitigating factor, has attached,
bitten, killed, or caused injury to a person or has demonstrated a
propensity to, tendency or disposition to do so; or
(b)
a dog that in the absence of any mitigating factor, has attached,
bitten, killed or significantly injured a domestic animal.
xiv.
"Disability" means any degree of physical disability, infirmity,
malformation or disfigurement that is caused by bodily injury, birth
defect or illness and, without limiting the generality of the foregoing,
includes diabetes mellitus, epilepsy, a brain injury, any degree of
paralysis, amputation, lack of physical co-ordination, blindness or
visual impediment, deafness or hearing impediment, muteness or
speech impediment, or physical reliance on a guide dog or other
animal or on a wheelchair or other remedial appliance or device;
xv.
"Dog" or "Domestic Dog" means a canine of the species Canis
familiaris;
xvi.
"Dog Kennel" means a building or structure or part thereof whereby
dogs are kept for remuneration for the purpose of breeding, boarding,
housing, feeding and/or maintenance;"
xvii.
"Domestic Fowl" includes chickens, geese, ducks, turkeys, and
other such poultry and the young of any of them and includes game
birds where the game birds are kept pursuant to the Migratory Bird
Convention Act, RS.C. 1970, c. M-I2, as amended;
xviii.
"Keep" means to have temporary or permanent control or
possession of an Animal;
xix.
"Lakeshore Dog Pound" means the pound which is jointly funded
and managed by the Towns of Essex, Lakeshore, LaSalle and
Tecumseh and receives stray dogs captured by the Town of LaSalle
Animal Control Officer as well as the Animal Control Officers of the
other funding municipalities;
Page 3 of 17
xx.
"Leash" means a rope, chain or other restraining material that is
attached to a collar or halter worn by an animal and that is capable of
restraining the animal on which it is being used and is visible to
others;
xxi.
"Licence" means a licence for a dog in the form of a dog tag;
xxii.
"Medically Significant" refers to venom or poison that causes
severe illness, permanent or temporary tissue and/or nerve damage,
blood pressure irregularities and possible death in humans and
domestic animals;
xxiii.
"Mitigating Factor" shall mean circumstances which excuses
aggressive behavior of a dog and, without limiting the generality of
the foregoing, may include circumstances where:
(a)
the dog was, at the time of the aggressive behavior, acting in
defence to an attack by a person or domestic animal;
(b)
the dog was, at the time of the aggressive behavior, acting in
defence of its young;
(c)
the dog was, at the time of the aggressive behavior, acting in
defence to a person or domestic animal trespassing on the
property of its owner;
xxiv.
"Municipal Act, 2001" means the Municipal Act, 2001, S.O. 2001,
c.25, as amended and any regulations thereunder;
xxv.
"Owner" includes any person who keeps, harbors or is in control of
an animal, and for the purpose of this definition "owns" or "owned'
shall have a corresponding meaning and shall include a person who
is temporarily the keeper or in control of an animal;
xxvi.
"Person" means any individual, firm, incorporated or unincorporated
group or organization, business entity or club to whom the context
can apply;
xxvii.
"Premises" means lands, buildings or any structures;
xxviii.
"Poison" means a substance that causes disturbance to organisms
when a sufficient quantity is absorbed by an organism;
xxix.
"Possession" means the state of having, owning, or controlling
something;
xxx.
"Private Property" means real property owned by a person(s) or
individual(s) and which is located within the Town of LaSalle but does
not include property owned by a government or a government
agency, division or entity;
xxxi.
"Prohibited Animal Species" shall include animals that:
(a)
Are Venomous or poisonous and whose Venom or poison is
medically significant to humans or domestic animals;
(b)
pose a real or potentially hazardous threat to humans, domestic
animals or farm animals;
(c)
pose a real or potentially hazardous threat to the local eco-
system;
(d)
are cited in the control list as published by the Canadian Wildlife
Service of Environment Canada;
Page 4 of 17
(e)
are listed in Schedule "B" Prohibited Animal Species, to this by
law, which list may be revised from time to time; and/or,
(f)
are prohibited or controlled by federal or provincial legislation.
xxxii.
"Public Property" means real property owned by a government or a
government agency, division or entity and includes property owned
by the Corporation;
xxxiii.
"Restrained" means being kept inside a building or house or in an
enclosed pen of sufficient dimension and strength to be humane and
to prevent a dog from coming into contact with persons, other than
the owner of the dog, or any other domestic animal or within a
securely fenced yard where the fence is a minimum height of 1.83
metres (6 ft.), The enclosed pen or the fenced yard shall be equipped
with a locking device and self-latching device. The self-latching
device shall be designed in such a manner that the pen or gate
cannot be opened from the outside;
xxxiv.
"Sell" shall include the exchange of an animal for an amount of
money or its equivalent;
xxxv.
"Suitable Enclosure" shall mean a building or structure that:
(a)
has its inside walls and ceiling lime washed or painted at least
once per year;
(b)
is screened as far as practicable from adjacent premises and
streets by hedges, shrubs, or other suitable screening;
(c)
is properly ventilated;
(d)
in the opinion of the local Medical Officer of Health, does not
house animals in such a manner or in such number as to be
injurious or dangerous to the health the animal(s);
(e)
is maintained in such a manner as to prevent odours arising
from it;
(f)
may be readily sanitized and is kept in a clean condition;
(g)
is at least forty (40) feet from any school, church, dwelling, or
other premises used for human habitation or occupancy other
than premises occupied exclusively by the animal keeper or
members of the keeper's immediate family.
xxxvi.
"Supervisor" means the Supervisor of Planning & Development
Services or his designate;
xxxvii.
"Town of LaSalle" means the lands lying within the geographical
boundary limits of the Corporation;
xxxviii.
"Venom" means to any variety of toxins used by certain types of
animals to inject their victims;
xxxix.
"Venomous" means any animals that inject their victims with toxin
by means of a bite, sting, or other sharp body feature.
Part 2 - Licencing and Control of Dogs
Licencing & Registration
2.1 (a)
No Person shall own any Dog or operate a Dog Kennel or Boarding
Establishment within the Town of LaSalle unless that Person has
obtained a Licence on an annual basis from the Corporation, which
Licence shall expire on the 31st day of December in that year.
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(b)
The owner of a Dog or Dog Kennel or Boarding Establishment shall
obtain a Licence on an annual basis from the Corporation, which
Licence shall expire on the 31st day of December of that year.
(c)
The Licence fee for the registration of a Dog or Dog Kennel or
Boarding Establishment shall be payable by the owner in accordance
with the fee schedule as set out in Schedule "A" attached hereto.
Dog Tags
2.2 (a)
Upon the payment of the Licence fee, the Owner of a Dog shall be
furnished with a Dog tag for each dog so Licenced and registered.
(b)
The Owner of a Dog shall keep the Dog tag securely fixed on the Dog
at all times until the Dog tag is renewed or replaced in the following
year.
(c)
No Person shall permit a Dog tag issued by the Corporation to be
worn by any Dog other than the Dog for which the tag was issued.
(d)
In the event a Dog tag is lost or destroyed, upon producing a copy of
his or her receipt showing payment had been made for a Licence for
that Dog for the current licensing year, the owner shall, upon
satisfying the Clerk of such loss or destruction, be entitled to receive
one replacement tag, at no cost.
(e)
In the event a Dog tag is lost or destroyed and the owner is not able
to produce a copy of his or her receipt showing that payment had
been made for a Licence for that Dog for the current licence year, the
Owner shall, upon satisfying the Clerk of such loss or destruction, be
entitled to receive a replacement tag upon payment of the
replacement fee as set out in Schedule "A" attached hereto.
(f)
No Person who has obtained a replacement tag pursuant to the
provisions of subsection (d) or (e) herein, shall use or permit to be
used the replacement tag to be worn by any Dog other than the Dog
for which the original tag was issued.
(g)
A Dog tag issued by the Clerk of the Corporation shall bear a serial
number and the year in which it was issued.
(h)
The Clerk shall maintain a record of the serial number of each Dog
tag issued, and the name and address of the Owner of the Dog for
which the tag was issued.
2.3 Any Person who becomes an Owner of a Dog or Dog Kennel or Boarding
Establishment after the 1st day of February in any year shall be required to
obtain a Licence from the Corporation within 15 days of acquiring the Dog,
Dog Kennel or Boarding Establishment.
2.4 No Owner of a newborn Dog born to a Dog of the Owner shall be required
to obtain a Licence for the said newborn until the newborn Dog has
attained the age of 3 months, after which time the Owner shall be required
to Licence and register the said newborn Dog within 15 days of that Dog
attaining the age of 3 months.
2.5 (a)
The Owner of a Dog Kennel, upon payment of the Licence fee shall
not be liable to pay any further Licence fees to the Corporation for
each Dog within the Dog Kennel.
(b)
The Owner of the Dog Kennel shall not transfer the Licence obtained
from the Corporation at any time to any other Person.
(c)
No Person shall be entitled to obtain a Dog Kennel Licence unless
the operation of the Dog Kennel complies with the provisions of the
Comprehensive Zoning By-law of the Corporation.
Page 6 of 17
2.6 Guide Dogs and Persons with Disabilities aid Dogs are exempt from the
payment of all Licence fees applicable pursuant to this By-law but are still
required to register the Dog and obtain a tag for identification purposes.
Number of Dogs
2.7 No Person or household shall own in excess of three Dogs at any one
time.
2.8 Section 2.7 does not apply in cases where a Person or household is
temporarily fostering Dogs for one of the following organizations and can
provide a copy of the foster agreement with the relevant organization:
(i)
a registered not for profit charitable organization devoted to the
prevention of cruelty to animals; or
(ii)
an animal shelter that is lawfully operated by the Ontario Society
for the Prevention of Cruelty to Animals or an affiliated Society;
or
(iii)
the Lakeshore Dog Pound.
2.9 Notwithstanding section 2.8, no Person shall foster a Dog for a period
exceeding ninety (90) days; and
2.10 Notwithstanding section 2.8, no Person or household shall foster more
than three Dogs at any one time without providing proof that the Persons
abutting the property on all sides of the property where the Dogs are being
fostered consent, in writing, to such fostering activities.
Running at Large
2.11 (a)
No Person with a Dog shall cause or permit the Dog to run at large
within the Town of LaSalle.
(b)
For the purpose of this By-law, a Dog shall be deemed to be running
at large if it is found in any place other than the premises of the
Owner and is not on a Leash.
(c)
A Dog shall not be deemed to be running at large if it is running within
the confines of a municipal dog park.
2.12 Every Person with a Dog shall keep the Dog on a Leash that does not
exceed six feet in length, and under the care and control of a Person when
the Dog is not on the premises of the Owner, unless prior consent is given
by the Person owning the premises upon which the Dog is found.
Control of Dogs
2.13 (a)
No Owner or Person in control of a Dog shall permit or encourage the
Dog to bite, attack, kill or injure, with or without provocation, any
Person or domestic Animal.
(b)
In the event a Dog bites, attacks, kills, or injures any Person or
domestic Animal, or otherwise exhibits aggressive behaviour towards
any Person or domestic Animal where a Mitigating Factor exists, the
Owner or Person in control of that Dog shall not be considered in
violation of Section 2.9(a) herein.
2.14 (a)
An Animal Control Officer or Police Officer of the Corporation may
seize and impound any Dog found:
i.
running at large contrary to this By-law;
ii.
trespassing on Private Property, where requested to do so by
the Owner or occupant of such Private Property; or
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iii.
not on the premises on which the Dog is habitually kept and is
without a current Dog tag.
(b)
The Animal Control Officer or Police Officer shall deliver every Dog
seized pursuant to this By-law to the Lakeshore Dog Pound.
2.15 Every Person who owns or harbours a Dog shall immediately remove and
dispose of any excrement left by his or her Dog.
2.16 No Person shall cause a Dog or permit a Dog to engage in persistent
barking, calling, whining or other noise made by any Dog under his or her
control.
Police Dogs
2.17 This By-law shall not apply to any Dog owned, Possessed, or harboured
by the LaSalle Police Service, Ontario Provincial Police, Royal Canadian
Mounted Police or any other local police or other government enforcement
agency.
Part 3 - Dangerous Dogs
Designating a Dog as a Dangerous Dog
3.1 Where the Supervisor has reasonable grounds to believe that a Dog has
bitten, attacked, killed, or injured, with or without provocation, any Person
or domestic animal, the Supervisor may designate that Dog as a
Dangerous dog and shall:
(a)
Serve notice or cause a notice to be served to the Dog Owner by
delivering it personally to the Owner or sending it by registered mail
to the last known address of the Owner of the dog.
(b)
The notice shall include:
(i)
a description of the Dog;
(ii)
a statement that the Supervisor has designated the Dog as a
Dangerous Dog;
(iii)
requirements that the Owner must comply with and when they take
effect; and
(iv)
a statement that the Owner may appeal the decision of the
Supervisor in writing, within fourteen (14) business days of the
date of the notice.
(c)
Where the Owner of the Dog is served with a notice designating the
Dog to be a Dangerous Dog, the Owner may appeal the decision of
the Supervisor to the By-law Review and Enforcement Committee
("the Committee") by filing an appeal with the Supervisor within
fourteen (14) business days of the date of the notice.
(d)
All appeals shall be in writing and include:
(i)
reason(s) or grounds for the appeal;
(ii)
identification of the appellant;
(iii) name of the agent, representative or lawyer representing the
applicant (if applicable); and
(iv) municipal address, telephone number and email address for
each Person identified in clause (ii) and (iii).
(e)
Where an Owner files an appeal, the Committee shall hear the
appeal by way of a hearing to determine whether the Dog is a
Dangerous Dog. The Committee may confirm, alter, or repeal the
designation, or direct the Owner to do anything the Committee
Page 8 of 17
considers appropriate, and may substitute its decision for that of the
Supervisor.
(f)
Notwithstanding that an Owner has filed an appeal, the designation
by the Supervisor and the conditions imposed by the Supervisor
remain in effect until the appeal is disposed of.
(g)
The decision of the Committee is final.
(h)
No member of the Committee or its staff is personally liable for
anything done by it, or him or her under the authority of this By-law.
Restrictions Relating to a Dangerous Dog
3.2 Where the Supervisor designates a Dog to be Dangerous, and serves the
Owner with the notice of such designation, the Owner shall comply with
such of the following conditions or requirements as may be set out in the
notice:
(a)
Immediately upon being served with the notice, Keep the Dangerous
Dog Restrained at all times when the Dangerous Dog is on the
Private Property of the Owner in accordance with the definition for
"Restrained" as outlined in section 1.1.
(b)
To obtain a new Licence for such Dangerous Dog from the
Corporation and to pay the fee as set out in Schedule "A", attached
hereto;
(c)
To keep the Dangerous Dog under control at all times by a Person
who is at least eighteen (18) years old;
(d)
To keep the Dangerous Dog securely on a Leash attached to a Dog
collar or harness with such Leash to be a maximum length of one and
one-half (1-1/2) metre and of sufficient strength to restrain the Dog
and keep it from chasing a Person or a domestic animal at all times
when the Dog is not on the owner's Private Property;
(e)
To securely attach a muzzle to the Dangerous Dog at all times when
it is not on the owner's Private Property;
(f)
To display, at the entrance to the Owner's dwelling where a Person
would normally approach, a warning sign that there is a Dangerous
Dog on the property. The sign shall be posted in such a manner that
it cannot be easily removed by passersby, and it is clearly visible to a
Person approaching the entrance of the Owner's property. The sign
shall be subject to the approval of the Supervisor;
(g)
To provide the Supervisor with any changes in the address or
telephone number of the Owner within two (2) working days of
moving with the Dangerous Dog;
(h)
To provide the Supervisor with the name, address and telephone
number of the new Owner within two (2) working days of selling or
giving away the Dangerous Dog to any other Person;
(i)
To advise the Supervisor forthwith if the Dangerous Dog has bitten or
attacked any other Person or Animal;
(j)
To impound the Dog at the Owner's expense for a maximum of ten
(10) days or until such time as the Owner of the said Dog has
complied with all the requirements contained in this By-law for the
Keeping of a Dangerous Dog;
(k)
To maintain a public liability insurance policy of a minimum amount of
two million dollars ($2,000,000.00), or in such higher amount as may
be deemed appropriate by the Supervisor, and proof of such
Page 9 of 17
insurance must be provided to the Supervisor with every application
for a licence referred to in Section 2(a) of this By-law;
(l)
To obtain up-to-date rabies vaccination and provide proof of same
satisfactory to the Supervisor;
(m) The Owner of a Dangerous Dog shall be prohibited from allowing
such Dangerous Dog to enter a designated off-Leash area, that is so
designated by signage and permits Dogs to be kept off-Leash; or
(n)
Such other conditions as may be deemed appropriate by the
Supervisor in his/her sole discretion.
3.3 No Person shall abandon a Dangerous Dog other than to a pound
operated by, or on behalf of a municipality in Ontario, or to a registered
research facility or supply facility under the Animals for Research Act,
R.S.O. 1990, c. A.22, as amended.
3.4 The Owner of a Dog designated as a Dangerous Dog, shall comply with
any additional conditions imposed by the Supervisor within ten (10) days
thereof and shall provide proof satisfactory to the Supervisor.
3.5 In the event the Owner fails to comply with any of the requirements of this
By-law or any condition imposed on the Owner for the Keeping of a
Dangerous dog within ten (10) days thereof, the Corporation may seize the
Dangerous Dog until such time as the Owner complies with the
requirements to the satisfaction of the Supervisor.
3.6 Every Owner of a Dangerous Dog who is unable or unwilling to meet the
requirements of this By-law or is unable or unwilling to comply with any
condition imposed by the Supervisor, shall surrender such Dog into the
care and control of the Animal Control Officer.
3.7 No Person shall interfere with, hinder, or impede the Supervisor in the
performance of any duty authorized by this By-law or by provincial
legislation.
Part 4 - Appeal Hearing with Respect to Suspension of Dangerous Dog
Designation
4.1 One year following the issuance of the Dangerous Dog notice, or such
other times specified by the Committee as part of an appeal hearing with
respect to the issuance of a Dangerous Dog notice, and upon obtaining
proof that the Dangerous Dog has been rehabilitated, the Owner of a
Dangerous Dog may make appeal to the Committee for the suspension of
the notice.
4.2 An application for a hearing with respect to the suspension of the
Dangerous Dog designation shall be made to the Supervisor, in writing, by
the Owner of the Dangerous Dog, and shall include proof that the
appropriate steps have been taken to address the situation that led to the
Dog being declared Dangerous.
4.3 Upon receipt of the application for a hearing with respect to the suspension
of the Dangerous Dog designation from an Owner of a Dog that has been
declared Dangerous, the Supervisor shall convene a meeting of the
Committee and shall give the Owner of the Dog and the victim and/or
Person who witnessed the Dangerous Dog injure, attack, bite or kill a
Person or Domestic Animal, ten days written notice by hand delivery, email
or registered mail of the date, time and location of the hearing.
4.4 Any evidence so provided to the Supervisor in accordance with section 4.1
shall be delivered to the members of the Committee, and the victim and/or
Person who witnessed the Dangerous Dog by the Supervisor forty-eight
(48) hours prior to the hearing.
Page 10 of 17
4.5 When the Owner of the Dangerous Dog does not attend the hearing at the
proper place and time, the Committee may proceed with the hearing in his
or her absence and the Owner of the Dog that has been declared
Dangerous shall not be entitled to any further notice of the proceeding.
4.6 The Committee shall deliberate the merits of the evidence presented and
shall render its decision at the meeting or shall reserve its decision to be
presented later, which shall not be later than ten (10) days following the
date of the hearing.
4.7 A decision of the Committee may confirm that the Dog is Dangerous, and
the designation is binding to the Owner, or may suspend the designation,
which was previously issued, thereby exempting the Owner of the
Dangerous Dog designation and any conditions that were required.
4.8 If the parties to the hearing consent, the hearing may be disposed of by a
decision of the Committee without a hearing.
4.9 The decision of the Committee shall be final and binding.
4.10 The notice of the hearing or any matter which arises related to the
proceeding of the Committee not covered in the provisions of this by-law
shall be governed by the Statutory Powers Procedure Act, R.S.O. 1990,
Chapter S.22.
4.11 A written copy of the decision of the Committee shall be prepared by the
Supervisor as soon as is practicable after the conclusion of the hearing
and shall be hand delivered or sent by registered mail to the Owner of the
Dog that has been declared Dangerous at the address shown on their
application, the victim and/or the witness, the Police Department, the
Committee members, and the Clerk.
Part 5 - Dog Kennels
5.1 Prior to establishing a Dog Kennel being operated for the purpose of
breeding Dogs, every Person shall advise the Clerk, in writing of their
intention to establish such Dog Kennel and shall provide, at the same time,
documentation that clearly illustrates that the applicant is registered with
the Canadian Kennel Club.
5.2 Prior to issuing a Licence for a Dog Kennel that is being Licenced for the
first time, the By-Law Enforcement Officer for the Town shall visit the site
to ensure that it meets the requirements of the following:
(a)
the Owner of the Dog Kennel shall reside within the main building on
the subject lands;
(b)
shall be located in an Agricultural zone and a minimum lot size shall
be one hectare;
(c)
the Dog Kennel shall not be constructed within 120 meters of a
school site recreational site or any dwelling on an adjacent lot other
than the lot on which the Dog Kennel is located;
(d)
a Dog Kennel shall be constructed in accordance with the following:
(i)
minimum front yard depth of 15 meters,
(ii)
minimum rear yard depth of 15 meters minimum side yard depth
of 6 meters, and
(iii) maximum floor area of 200 square meters
5.3 No Dog Kennel may be established except where its permitted and in the
manner prescribed in section 5.1.
Page 11 of 17
5.4 Dog Kennels may be subject to an inspection from time to time by the By-
law Enforcement Officer and where, in the opinion of the By-law
Enforcement Officer, the Dog Kennel is not being kept in a manner
prescribed by the Dog Kennel License issued under section 2.1 the Owner
of such Dog Kennel will be required to meet the requirements within three
days, failing which the Dog Kennel License will be revoked.
5.5 Every Dog Kennel shall always be kept in a clean and sanitary condition
and free of refuse of any kind to prevent the odors therefrom and shall be
kept free of flies and vermin at all times.
Part 6 - Keeping of Animals
Responsibility to Care for Animals
6.1 Every Person who owns an Animal within the Town of LaSalle shall ensure
that such Animal is treated humanely, which shall include:
(a)
a clean and sanitary environment free from an accumulation of fecal
matter;
(b)
a shelter that is waterproof and that protects it from exposure to the
elements;
(c)
a shelter for the Animal that is adequate and appropriate for its size
and breed; and
(d)
adequate and appropriate care, food, water, shelter, exercise,
attention, veterinary care, and opportunity for physical activity as may
be required to meet the needs of the species.
Tethers
6.2 No Person shall keep an Animal tethered on a rope, chain, cord, or similar
restraining device unless:
(a)
the tether is of appropriate length for the species tethered;
(b)
the Animal has unrestricted movement within the range of such
tether;
(c)
the Animal is not tethered for longer than 4 hours per day;
(d)
the Animal has access to water and shelter while tethered; and
(e) the Animal cannot injure itself as a result of the tethering.
6.3 Notwithstanding Section 6.2, in the case of Dogs, the tether shall be a
minimum of three (3) metres in length, provided the tether does not permit
the Dog to go beyond the limits of the Dog Owner's Private Property.
6.4 Notwithstanding Section 6.2, no Person shall Keep an Animal tethered
where a choke collar, a choke chain or a prong collar forms part of the
tether or a rope, chain, cord, or similar restraining device that is tied
directly around an Animal's neck.
Animals in Vehicles
6.5 No Person shall allow an Animal to be outside of the passenger cab of a
motor vehicle on a roadway, regardless of whether the motor vehicle is
moving or parked.
6.6 Notwithstanding Section 6.5, a Person may allow an Animal to be outside
the passenger cab of a motor vehicle, including riding in the back of a
pickup truck or flat bed truck if the Animal is:
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(a)
in a fully enclosed trailer;
(b)
in a topper enclosing the bed area of a truck;
(c)
contained in a ventilated kennel or similar device securely fastened to
the bed of the truck; or
(d)
securely tethered in such a manner that it is not standing on bare
metal, cannot jump or be thrown from the vehicle, is not in danger of
strangulation and cannot reach beyond the outside edges of the
vehicle.
6.7 No Person shall leave an Animal unattended in a motor vehicle if the
weather conditions are not suitable for containment of an Animal.
6.8 A Police Officer and/or a By-law Enforcement Officer who has reasonable
grounds to believe that an Animal left unattended in a motor vehicle is in
imminent physical danger may take steps to remove the Animal from the
vehicle and shall not be held liable for any damage to the vehicle by so
doing.
Part 7 - Feeding of Wildlife
7.1 No Person shall intentionally feed a wild Animal or leave food or attractants
of any type or in any form out of doors in such a manner as to attract, or be
accessible by a wild Animal, feral or stray domestic animal on Private or
Public Property.
7.2 7.1 does not apply to the feeding of songbirds on a Private Property,
provided the following feeding requirements are met by the resident:
(a)
seed is placed in a bird feeding device that is sufficiently above grade
as to not attract or be accessible by wild Animals;
(b)
bird feeding practices do not attract large flock of homing birds such
as wild, feral, or domestic Pigeons; and
(c)
spillage of seed upon the ground is removed by the property Owner
or resident forthwith and disposed of in such a manner that it does
not attract wild Animals, feral or stray domestic animals.
7.3 7.1 does not apply in the following situations:
(a)
the leaving of food as bait in a trap by a Property Owner or resident
to capture a sick or injured Animal inhabiting or habituating their
property pursuant to this by-law;
(b)
the leaving of food as bait by a licensed trapper, an employee of a
wildlife or pest control agency licensed by the province, the Animal
Control Officer, a Police Officer, or other Government Entity in the
performance of their duties;
(c)
the leaving of food for a colony of Stray or feral cats for the purpose
of trap, neuter or spay, and manage program approved by the
Supervisor.
Part 8 - General
8.1 No Person shall keep, either permanently or on a temporary basis, or
cause to be Kept, either permanently or on a temporary basis, at or in any
premises:
(a)
more than four (4) cats;
(b)
any Domestic Fowl, including pigeons, horses, donkeys, mules,
cattle, goats, swine, sheep, or any type thereof, except on a parcel of
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land zoned Agricultural Area as per the Comprehensive Zoning By-
law; and
(c)
any Prohibited Animal Species within the Town of LaSalle;
(d)
no Person shall own, sell or cause to be sold, or transfer ownership
of a Prohibited Animal Species within the Town of LaSalle;
(e)
despite subsection (d), any Person who, on the date of the passage
of this by-law, was lawfully Keeping a Prohibited Animal Species as
defined in this bylaw may Keep that Animal until the Animal has died
or has otherwise been disposed of;
(f)
no Person shall permit a Prohibited Animal Species to run at large
within the Town of LaSalle;
8.2 (a)
Section 8.1 of this By-law shall not apply to any person who has
lawfully been keeping Domestic Fowl, including pigeons, horses,
donkeys, mules, cattle, goats, swine, sheep, or any type thereof on
the date of the passage of By-Law Number 7841 on December 15,
2015.
(b)
In the event a person to whom section 8.2 (a) herein applies suffers a
loss of any Domestic Fowl, including pigeons, horses, donkeys,
mules, cattle, goats, swine, sheep, or any type thereof lawfully kept
on the date of the passing of this By-law, either by death, sale, loss or
other means, the said person shall not be permitted to replace or
substitute the said Domestic Fowl, including pigeons, horses,
donkeys, mules, cattle, goats, swine, sheep, or any type thereof.
8.3 (a)
No Person who owns any Animal shall permit such Animal to run at
large within the Town of LaSalle.
(b)
For the purpose of this By-law, an Animal shall be deemed to be
running at large if it is in any place other than the premises of the
Owner and is not under control of any Person.
(c)
Every Owner and every Person in control of an Animal shall Keep the
Animal on a Leash that does not exceed six (6) feet in length and
under the care and control of a Person when the Animal is not on the
land or premises of the Owner within the Town of LaSalle, unless
prior consent is given by the Person owning the land or premises
upon which the Animal is found.
8.4 Section 8.1 of this By-law shall not apply to:
(a)
An Animal hospital or clinic lawfully operated and supervised by a
veterinarian licensed to practice in Ontario;
(b)
A pet store that is in compliance with the Corporation's Zoning By-law
and has been registered as a pet store with the Corporation; or
(c)
The lawful operation of any circus, exhibition, menagerie, or carnival.
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Part 9 - Enforcement and Penalties
9.1 Every person who contravenes any of the provisions of this By-law is guilty
of an offence and, upon conviction is liable to a fine or penalty under the
Provincial Offences Act, R.S.O 1990, Chapter P.33, as amended.
9.2 Each day that such offence is committed, or permitted to continue, shall
constitute a separate offence and may be punishable as such. Such fines
shall be recoverable under the Provincial Offences Act, R.S.O 1990,
Chapter P.33, as amended.
9.3 An Officer or designate may enter on land at any reasonable time for the
purpose of carrying out an inspection to determine whether or not the
provisions of this By-law are in compliance and to enforce and carry out
the provisions of this By-law or any direction or order issued pursuant to
the Municipal Act, 2001, S.O 2001, c.25 or this By-law.
9.4 For the purpose of an inspection under section 9.3 an Officer or designate
may,
(a)
Required the production for inspection of documents or things
relevant to the inspection;
(b)
Inspect and remove documents or things relevant to the inspection
for the purpose of making copies or extracts;
(c)
Require information from any Person concerning a matter related to
the inspection; and
(d)
Alone or in conjunction with a Person possessing special or expert
knowledge, make examinations or take tests, samples or
photographs necessary for the purpose of the inspection.
9.5 A sample taken under section 9.4 (d) shall be divided into two parts, and
one part shall be delivered to the Person from whom the sample is taken if
the Person so requests at the time the sample is taken and provides the
necessary facilities.
9.6 If a sample is taken under section 9.4 (d) and the sample has not been
divided into two parts, a copy of any report on the sample shall be given to
the Person from whom the sample was taken.
9.7 A receipt shall be provided for any document or thing removed under
section 9.4 (d), and the document or thing shall be promptly returned after
the copies or extracts are made.
9.8 No Person shall interfere with, hinder or impede, or attempt to interfere,
hinder or impede an Officer or designate in the performance of any duty
authorized by this By-law or by provincial legislation.
9.9 If the Officer or designate is satisfied that a contravention of this By-law
has occurred, the Officer or designate may make an order requiring the
Person, Owner or occupier of the land who contravened the By-law or who
caused or permitted the contravention to:
(a) Discontinue the contravening activity; or
(b) Do work to correct the contravention.
9.10 Any Person who contravenes an order under section 9.9 is guilty of an
offence.
9.11 An order under section 9.9 shall set out:
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(a)
Reasonable particulars of the contravention adequate to identify the
contravention and the location of the land on which the contravention
occurred; and
(b)
The date by which there must be compliance with the order.
9.12 An order under section 9.9 shall be served to the Owner or any Person the
Officer or designate determines to be an interested party. Service of an
order shall be deemed to be served by sending the order registered or first
class mail, by posting or by personal service.
9.13 An order under section 9.9 may require work to be done even though the
facts which constitute the contravention of the By-law were present before
the By-law making them a contravention came into force.
9.14 In default of any work directed or required by the Town under this section
being done by the Person directed or required to do it, the matter or thing
shall be done at the Person's expense.
9.15 Where the Town or any authorized agent on behalf of the Town has
performed the work required to bring about compliance with the By-law,
the Town may recover the cost of doing anything or matter under section
9.14 by action or by adding the costs to the tax roll and collected in the
same manner as property taxes.
9.16 The costs in section 9.15 shall include interest calculated at a rate of 15
percent, calculated for the period commencing on the day the Town incurs
the costs and ending on the date the costs, including the interest, are paid
in full.
9.17 For the purpose of section 9.14, the Town or any authorized agent on
behalf of the Town may enter upon land at any reasonable time and
complete the work set out in the order.
9.18 Where the singular is used it shall also mean or stand for the plural.
9.19 By-law Numbers 7841 and 7882 be and the same are hereby repealed.
Read a first second and third time and finally passed this 24 day of May, 2022
1st Reading - May 24, 2022
2nd Reading - May 24, 2022
3rd Reading - May 24, 2022
________________________________
Mayor
________________________________
Clerk
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Schedule "A" to By-Law No. 8705
Licence Fee Table
Category
Licence Fee
Jan 1st to March 31st
Licence Fee
Effective April 1st
Unaltered Dog
$22.00
$44.00
Altered Dog
$18.00
$36.00
Kennel Licence
$100.00
$200.00
Boarding Establishment
$100.00
$200.00
Dangerous Dog
$100.00
$200.00
Replacement Dog Tag
$11.00
$11.00
Dog Adopted from
Lakeshore Dog Pound
N/A
Fee waived for 1st year
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Schedule "B" to By-Law No. 8705
Animal Care and Control By-Law Prohibited Animal Species
Order, Class or Family
Examples
Mammals
- Canidae, excluding domestic dog
Coyotes, wolves, foxes, hybrid wolf dog
- Felidae, excluding domestic cat
Tigers, leopards, cougars, lion, lynx
- Non-Human Primates
Chimpanzees, gorillas, monkeys,
lemurs
- Proboscidae
Elephant
- Ursidae
Bears
Reptiles
- Crocodylia
Alligators, crocodiles, gavials, caiman
- All Snakes which reach an
Reticulated python, Burmese python,
adult length larger than 3 metres
green anaconda, yellow anaconda,
African rock python, Indian python,
amethyst python
- All Lizards which reach an
Crocodile lizard, monitor lizard
adult length larger than 2 metres,
measured from snout to tip of tail
The examples provided are only provided as a guide and shall not be considered to
include all prohibited animal species within an animal order, class, or family.